Denmark’s High Rate of Pretrial Detention
In Denmark, a significantly higher number of individuals are held in pretrial detention compared to neighboring countries. According to government statistics, approximately 32% of individuals in Danish prisons are held in pretrial detention on a daily basis, awaiting the resolution of their cases.
This longstanding issue has faced criticism from lawyers and experts for years, prompting the government to take action. The government aims to amend the law to allow more individuals to serve their pretrial detention at home with an electronic monitoring device, rather than occupying space in prisons.
Justice Minister Peter Hummelgaard emphasized the need for reform, stating, “There is always a good reason when we detain individuals in Denmark. However, we must also be mindful that we are one of the countries with the highest rate and duration of pretrial detention. Therefore, we need to address this with care.”
Preben Bang Henriksen, the legal spokesperson for the Venstre party, believes that the number of individuals in pretrial detention in Denmark must be reduced. He stated, “We detain far more individuals than other countries, so this should be decreased.”
Exclusions for Serious Crimes
While the proposed reform aims to reduce the number of individuals in pretrial detention, not all detainees will be eligible to serve their detention at home with an electronic monitoring device.
Individuals accused of serious violent crimes will still be required to remain in pretrial detention, as well as those with other compelling reasons to remain in prison, according to Henriksen.
Henriksen explained, “We detain individuals if there is a risk of continued criminal activity, if there is a risk of flight abroad, if there is a risk of interfering with the investigation, or if the crime is so serious that, in the interest of public safety, it is intolerable to see the individual on the street.”
However, there are cases where the risk of interfering with the investigation, for example, is minimal, making it unnecessary to detain individuals in prison, Henriksen noted.
He provided an example, stating, “For instance, if an 80-year-old commits a mercy killing and has already confessed. There is no reason for that individual to be in prison. They could be at home on the couch with an electronic monitoring device.”
What impact will the proposal have? Listen to Preben Bang Henriksen’s response.
Conclusion
The Danish government’s proposal to reform the pretrial detention system aims to address the high rate of individuals held in prison awaiting trial. By allowing more individuals to serve their pretrial detention at home with electronic monitoring, the government seeks to reduce overcrowding in prisons and ensure a more efficient and fair justice system.
FAQs
1. Will all individuals in pretrial detention be eligible to serve their detention at home with an electronic monitoring device?
Not all individuals will be eligible. Those accused of serious violent crimes or with other compelling reasons to remain in prison will still be required to serve their pretrial detention in a detention facility.
2. How will the proposed reform impact the criminal justice system in Denmark?
The reform is expected to reduce overcrowding in prisons, streamline the pretrial detention process, and ensure that individuals are detained in a manner that is both effective and fair.